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Hello. I have been a NYS Attorney for 27 years. Give me a few minutes. I am preparing a complete answer to your question. Did you sue in Small Claims Court? What was the amount of money?
You must file the complaint within 120 days of the filing of the Summons. This rule is stated in the Criminal Procedure Law Rules as follows:
CPLR 306-b states:
"Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause shall be made within one hundred twenty days after the filing of the summons and complaint, summons with notice, third-party summons and complaint, or petition, provided that in an action or proceeding, except a proceeding commenced under the election law, where the applicable statute of limitations is four months or less, service shall be made not later than fifteen days after the date on which the applicable statute of limitations expires. If service is not made upon a defendant within the time provided in this section, the court, upon motion, shall dismiss the action without prejudice as to that defendant, or upon good cause shown or in the interest of justice, extend the time for service."
You can make a motion to extend the time for service of the complaint. I am looking for the form to file the motion to extend time. I will be back to you soon.
Use the format in this informational packet created by the NY Court System.
You need to file a Notice of Motion, the Motion, the Affidavit in Support of the Motion to Extend Time to file the Complaint, and the Affidavit of Service by Mail. The affidavit should state the reasons for the delay beyond 120 days and state that the motion is made "with good cause shown" or "in the interest of justice."
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I prepare the motion now. Excuse me, If the notice of motion does not work, can I sue the landlord again?
How long is the Prosecution expiration period for theft case in NY